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Madras High CourtWP(MD)/27158/2022disposed of

Mallika.A v. The Chief Manager / Authorized Officer

2022-12-01Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.21314 of 2022 A.Mallika ... Petitioner Vs.

1.The Chief Manager/Authorized Officer, Indian Overseas Bank, Regional Office, 8/2, 8/3, First and Second Floor, Chidambaranagar First Street, Tuticorin, Tuticorin District.

2.The Branch Manager, Indian Overseas Bank, Kovilpatti Branch, SSD Tower, Main Road, Kovilpatti, Tuticorin District.

3.S.Sanjayan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the sale certificate issued by the 1st respondent on 17.10.2022 in favour of the 3rd respondent regarding the petitioner's house property in Door No.521A3/5 in Plot No.78 of S.Nos.585/1C2A1 & 585/1C3A of Pandavarmangalam Village, Kovilpatti Taluk, Tuticorin District to an extent of 3.76 cents and to quash the same as arbitrary, illegal and unconstitutional and consequently direct the respondents to cancel the same together with all consequential reliefs. For Petitioner :

Mr.N.S.Karthikeyan For Respondents :

Mr.N.Dilip Kumar for R1 & R2 :

Mr.P.Banu Prasath for R3

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Challenging the sale certificate issued by the 1st respondent on 17.10.2022 in favour of the 3rd respondent and seeking consequential direction to the respondents to cancel the said sale certificate, the petitioner has filed this Writ Petition.

2. Heard Mr.N.S.Karthikeyan, learned counsel for the petitioner, Mr.N.Dilip Kumar, learned counsel who takes notice for the respondents 1 and 2 and Mr.P.Banu Prasath, learned counsel who takes notice for the third respondent.

3. It is represented by the learned counsel appearing for all the parties that the auction purchaser and borrower has entered into a compromise and the entire loan amount has been settled to the respondents - Bank and hence, nothing survives in this Writ Petition.

4. Recording the same, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] vsm 01.12.2022

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm To 1.The Chief Manager/Authorized Officer, Indian Overseas Bank, Regional Office, 8/2, 8/3, First and Second Floor, Chidambaranagar First Street, Tuticorin, Tuticorin District.

2.The Branch Manager, Indian Overseas Bank, Kovilpatti Branch, SSD Tower, Main Road, Kovilpatti, Tuticorin District.

01.12.2022